Court : Orissa
Reported in : 73(1992)CLT171; 1991(II)OLR464; [1993]88STC473(Orissa)
..... in fluid and uncertain state on account of the decisions of the apex court, exemption has been granted under section 6(2) of the amendment act.section 6(2) of the amendment act starts with non obstante clause to the effect that notwithstanding anything contained in sub-section (1), any supply of the nature referred to therein ..... to the assessing authorities directing to give opportunity to the assessees to establish that they come within the exemption clause of section 6 of the constitution (forty-sixth amendment) act, 1982.5. in shri krishna enterprises' case [1990] 76 stc 67 (sc), the question before their lordships was whether the assessees were entitled to the ..... assessee had not collected tax from the buyer, whether he shall be exempted from tax in view of section 6(2)(a) of the constitution (forty-sixth amendment) act, 1982 or exigibility of tax shall be dependent on dominant object of the assessee while supplying articles of food for cash or deferred payment. consequentially it has .....
Tag this Judgment!Court : Orissa
Reported in : 2003CriLJ1621
..... of antaryami das and scolded him. she has candidly stated that on 11-4-1995 she lodged the fir, but out of shame did not disclose about the sexual act. antaryami das who is said to have reached the place of occurrence on hearing the shout of the prosecutrix has corroborated her statement and stated that when he was ..... together as to form the same transaction, he may be charged with and tried at one trial for every such offence. under sub-section (4), thereof, if several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged ..... offence. cognizance, as it is also does not necessarily mean the commencement of the proceeding against anyone. institution of a case is an act of an investigator and taking cognizance by a magistrate is a judicial act, when the magistrate comes to the conclusion that there is a case to be enquired into. section 190 of the code indicates cognizance .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori177; 50(1980)CLT328
..... also not attractable in this case. as the impugned order of remand was made prior to the coming into force of rule 23-a of order 41 inserted by the amending act of 1976, it is referable to section 151, c.p.c. it may be pointed out that after the coming into force of the ..... amended rule 23-a, the question of ordering a remand in the exercise of inherent powers under section 151, c.p.c. would not arise.9. section 104, c.p.c. .....
Tag this Judgment!Court : Orissa
Reported in : 87(1999)CLT272; 1999(I)OLR187
..... graduate withminimum 7 years of teachingexperience after training.9. the provisions of the code, more particularly article 312 thereof and certain provisions of the regulations (before amendment and after amendment to it) need to be noted. gist of the provisions are as under :article 312 of the orissa education code :'312. standard staff for high ..... or repugnancy. the question, therefore, of simultaneous operation of two parallel authorities in the field does not arise. rule 8(3) of the rules was amended on 3.6.1988. it lays down the procedure for promotion. the requirement of seven years teaching experience as a trained graduate teacher as an eligibility ..... prescribed with classes iv to xi and no additional sections. the requirement was the same qualification. after amendment the relevant regulation is regulation 17(2) which has been indicated above. in section 7-d of the act effect of non-recognition has been indicated, and it provides that notwithstanding anything to the contrary in .....
Tag this Judgment!Court : Orissa
Reported in : AIR2004Ori14
..... defendant no. 1, if available, has not been brought on record. such evidence could have been the voter list or entries in any other document wherein plaintiff has acted or transacted as son of ram chandra swain. therefore, defendant no. 1 cannot adopt a double standard in defending to the case by not producing the relevant evidence, ..... admissible in accordance with section 35 of the evidence act, will automatically not be credible simply because it has been admitted as evidence. a document admitted as evidence is to be considered subject to relevancy and by assessing ..... balaram behera). in both the above decisions, the cited authorities have propounded about admissibility of an admission register in view of the provision in section 35 of the evidence act. there is no dispute to the admissibility of exts. a and b either by the plaintiff or in the findings recorded by the court below. a document if .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR637
..... objective of such provision is to bridge the gap between commencement of the act and its operation prior to it. explaining the role of 'transitional provision' in a statute, bennion has stated :'where an act contains substantive, amending or repealing enactments, it commonly also includes transitional provisions which regulate the coming ..... into operation of those enactments and modify their effect during the period of transition. where can act fails to include such provisions expressly, the court is ..... to be the appointing authority of public prosecutors/additional public prosecutors/assistant public prosecutors. it appears that although there was some move to amend the heading 'appointing of law officers under the orissa state public prosecutor service rules, 1997 'to be dealt with by the home department in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1988Ori1
..... a portion of the site as aforesaid and if such person is evicted from the site at any time after the commencement of the orissa land reforms (amendment) act, 1973 (president's act 17 of 1973) the revenue officer shall by order, direct that possession of the site be delivered to the said person and may take such further steps ..... cover the disputes which may arise subsequent to the rights conferred upon the raiyats under the various preceding sections, such as, sections 4, 9 and 10 of the act. it would, therefore, be not proper to read them together as submitted bymr. kar in the sense that section 12 was a supplemental provision of section 9. perhaps ..... that he had intermediary interest in the land in question. the same, therefore, stood automatically settled in his favour under the provisions of the orissa estates abolition act after the vesting and it was the petitioner who had inducted the opposite parties into the house in question as they were involved in some litigation with respect to .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR66
..... in salim mohammed's case (supra). it is to be noted that sub- section (2) has been inserted in section 80 of the cods by act 104 of 1976 [the cpc (amendment) act, 1976]. in order to mitigate the rigours of sub-section (1) of section 80 and to enable a person to seek urgent and immediate relief against ..... to the council or the executive officer. there is no definite material about despatch. additionally it is submitted that the courts below have lost sight of section 127 of the act, and therefore, have erroneously held that section 349 has no application. 5. mr. r.k. mohapatra, learned counsel for the plaintiffs-respondents, however, submitted that the ..... having any grievance does not arise. additionally it is submitted that the suit was not maintainable in absence of notice under section 349 of the orissa municipal act, 1950 (in short, the 'act').3. the learned munsif, bhadrak as well as the learned subordinate judge. bhadrak accepted the plaintiffs plea and held that (a) there was a completed .....
Tag this Judgment!Court : Orissa
Reported in : 92(2001)CLT512
..... . 567/90. since the questions regarding payment of interest after the amending act of 1984 are now fully settled by the decisions of the supreme court and since that was the only question argued before us ..... awarded by the a.d.j. however the grounds of appeal mostly relate to the payment of interest in terms of the amending act of 1984. the appeal memo was drafted by mr. gulab chandra, advocate, who also appeared before us in r.f.a ..... only question pressed by the counsel for union of india was in regard to the payment of interest after the amendment in the land acquisition act in 1984, but when we found that the dismissal of the said appeal by the division bench was relied upon ..... on the basis of a sale deed which was registered just before the notification published under section 4 of the land acquisition act. it has been further alleged that the said sale deed was designedly and mischievously created showing inflated figures in order to .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori30
..... defendant 4 being sisters of kalandi are entitled to succeed to him in respect of the properties which kalandi inherited from his father under the hindu law of inheritance (amendment) act, 1929. similarly, they are also entitled to partition the property of sridhar and giridhari which they inherited along with defendant 1.4. sisters became for the first time ..... his brothers were joint or separate and whether kalandi died in magha, 1929, that is to say, before the coming into force of the hindu law of inheritance (amendment) act, (11/29). on both these points the concurrent findings of the courts below are against the plaintiff. they have held that the family was joint and that kalandi ..... died in magha, 1929, that is to say, before the coming into force of the hindu law of inheritance (amendment) act.7. learned counsel for the appellant challenges the finding as to the date of death' of kalandi on the basis of ext. 4 series, ext. 5, ext. 1 .....
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